Delhi

East Delhi

CC/668/2013

PANKAJ BHARDWAJ - Complainant(s)

Versus

VIDYUR - Opp.Party(s)

22 Oct 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                                              CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

 

CASE NO-668/13

In the matter of:

Sh. Ms. NEETU BHARDWAJ

W/O SH. PANKAJ BHARDWAJ,

R/O 225-A, POCKET-C, MAYUR VIHAR PH-2,

DELHI.

 

Complainant

 

Vs

 

PROP. /DIRECTOR

M/S VIDYUR & Co. PVT. LTD.

65 A, GURU NANAK PURA, VIKAS MARG,

LAXMI NAGAR, DELHI-110092.

 

Opposite Party

 

 

                                                                                 DATE OF ADMISSION-14/08/2013

                                                                                DATE OF ORDER         -10/09/2015

 

ORDER

 

SH. N. A. ZAIDI, PRESIDENT

Heard the complainant and perused the record.

The short question which arises for our consideration in this complainant is as to whether the OP has overcharged the complainant while selling the Laptop DELL INS 15 1007U 2GB DOS BLACK for a consideration of Rs.23,750/-. When complainant removed the sticker from the packing, she came to know that the MRP of the said Laptop is Rs.23,240/-. This shows that the OP has charged in excess of MRP of the said Laptop.  One of the dealer quoted Rs.22,700/- with free company provided Laptop bag pack of Rs.1050/-. In these circumstances, the complainant has prayed that the OP may directed to take back the Laptop and refund the amount of Rs.23,750/-. She has also demanded the damages of Rs.25,000/-

            Respondent in their reply have admitted the fact of issuance of invoice and the amount received. It is alleged that the complainant has not mentioned the other item which has been purchased include the entry level back 16” pack and the invoice is consolidated. The MRP was admittedly Rs.23,240/-. The complainant has made false averments and as such the complaint is liable to dismissed.

            Both the parties have filed on record their respective evidence.

            We have heard the complainant and perused the record. The complainant has filed on record, invoice which shows that the cost of the Laptop which has been charged is inclusive of TARGUS NEW ENTRY LEVEL BACKPACK 16” is Rs.22,619.05 with 5% DVAT Rs. 1130.95 that comes to Rs.23,750/-. This invoice clearly shows that the cost TARGUS NEW ENTRY has not been mentioned separately, it reflects that it was part and perusal of Laptop cost. This fact is admitted to the OP that the MRP was Rs.23,240/-  as it is evident from the reply and affidavit of Mr. Madul  Madhav. They have taken the plea that the MRP of the Laptop + TARGUS NEW ENTRY LEVEL BACK PACK cost to Rs.23,240/- +1999/- makes it to Rs.25,239/-. We fail to appreciate the defense taken by the OP, the Annexure A-1 clearly says that MRP is inclusive of all taxes as such the defense taken by the OP to justify the excess charge of Rs.350/- is not explainable. Over charge by the OP is unfair trade practice.

We allow this complaint. We direct the OP to refund to the complainant the excess amount of Rs.350/- together with 9% interest thereon  from the date of the filing this complaint till is finally paid. Since the OP is found to be indulging in unfair trade practice. The complainant who is a vigilant customer could only bring this fact the notice to this forum, there may be hundreds of other customers which may have not notice this malpractice on the part of the OP. By over charging, the OP must have earned huge amount. Taking all the facts into consideration we award the compensation of Rs.10,000/- to the complainant which shall include the cost of litigation. This amount is also to be paid within 45 days, if not paid, complainant shall be entitled 9% interest till it is finally paid.

Copy of this order be supplied to both the parties.

 

SUBHASH GUPTA                          POONAM MALHOTRA                       N.A.ZAIDI

     (MEMBER)                                              (MEMBER)                             (PRESIDENT)